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National Organization for River Sports NATIONAL ORGANIZATION FOR RIVER SPORTS IBLA 94!443 Decided October 9, 1997 Appeal from a decision of the District Manager, Vale District, Oregon, Bureau of Land Management, denying a protest to a Decision Notice and Finding of No Significant Impact Environmental Assessment by the Acting Area Manager, Baker Resource Area, Oregon, Bureau of Land Management, adopting the Final Management Plan for the Wallowa and Grande Ronde Rivers. Affirmed. 1. Environmental Quality: Environmental Statements!! National Environmental Policy Act of 1969: Environmental Statements!!Wild and Scenic Rivers Act A river management plan prepared under the Wild and Scenic Rivers Act, 16 U.S.C. § 1274(d)(1) (1994), is not a resource management plan. The Wallowa and Grande Ronde Rivers Final Management Plan is a river management plan prepared pursuant to the Wild and Scenic Rivers Act and, therefore, not a resource management plan. 2. Administrative Procedure: Administrative Review--Appeals: Jurisdiction--Board of Land Appeals--Federal Land Policy and Management Act of 1976: Land-Use Planning--Rules of Practice: Appeals: Jurisdiction The first question for examination by the Board upon receipt of an appeal involving a BLM planning decision is whether that decision constituted the approval or amendment of a resource management plan. If so, that decision is not appealable to the Board. If the decision is another type of planning action by BLM, the question is whether that decision contains implementation actions. If so, those implementation actions are appealable to the Board. 140 IBLA 377 IBLA 94-443 3. Rules of Practice: Appeals: Generally--Rules of Practice: Appeals: Standing to Appeal--Rules of Practice: Protests--Wild and Scenic Rivers Act A decision by BLM to implement various alternatives set forth in a river management plan prepared under the Wild and Scenic Rivers Act, 16 U.S.C. § 1274(d)(1) (1994), is not an action proposed to be taken and, therefore, is not properly the subject of a protest under 43 C.F.R. § 4.450-2. According to section 8351.55 of the BLM Manual, appeals related to the implementation of a river management plan are to be filed in accordance with 43 C.F.R. Part 4. 4. Public Lands: Administration-!Wild and Scenic Rivers Act A BLM decision denying a protest of certain actions in a decision to adopt a river management plan for the Wallowa and Grande Ronde Rivers will be affirmed where BLM has articulated a reasoned analysis, adequately considered all relevant factors, including the impact to the environment, and otherwise comported with the Wild and Scenic Rivers Act and other applicable Federal statutes, and there has been no showing of compelling reasons for modification or reversal. APPEARANCES: John H. Garren, Regional Representative, National Organization for River Sports, Portland, Oregon, for the National Organization for River Sports; Donald P. Lawton, Esq., Assistant Regional Solicitor, and Eric W. Nagle, Esq., Office of the Regional Solicitor, U.S. Department of the Interior, Portland, Oregon, for the Bureau of Land Management. OPINION BY DEPUTY CHIEF ADMINISTRATIVE JUDGE HARRIS On April 12, 1994, the District Manager, Vale District, Oregon, Bureau of Land Management (BLM or the Bureau), issued a Decision denying a protest filed by the National Organization for River Sports (NORS) of a December 15, 1993, Decision Notice and Finding of No Significant Impact Environmental Assessment (DN/FONSI) by the Acting Area Manager, Baker Resource Area, Oregon, BLM, adopting a Final Management Plan (FMP) for the Wallowa and Grande Ronde Rivers. 1/ The NORS filed an appeal. This case involves a 90!mile!long river system, composed of two rivers (Wallowa and Grande Ronde), that traverses BLM and Forest Service lands _____________________________________ 1/ The environmental assessment (EA) for the plan was incorporated in Chapter 7 of the plan. (FMP at 120-78.) 140 IBLA 378 IBLA 94-443 and runs from Minam, Oregon, across the Oregon/Washington border, to Heller Bar, Washington. That system may be divided into three segments. The principal segment is a 43.8!mile section of the Grande Ronde River, which Congress designated on October 28, 1988, pursuant to section 102 of the Omnibus Oregon Wild and Scenic Rivers Act of 1988 (Omnibus Act), 102 Stat. 2782, 2784, 16 U.S.C. § 1274(a)(77) (1994), as part of the national wild and scenic rivers system. 2/ This part of the Grande Ronde River (hereinafter, the Grande Ronde Wild and Scenic River Segment) runs from Rondowa, Oregon, where the Walla River joins the Grande Ronde to the Oregon/ Washington border. Upstream is a 10!mile section of the Wallowa River from its confluence with the Minam River at Minam, Oregon, to where it enters the Grande Ronde River (hereinafter, the Wallowa River Segment), at Rondowa, Oregon, which was designated by section 103 of the Omnibus Act, Pub. L. No. 100!557, 102 Stat. 2790 (1988), as a potential addition to the national wild and scenic rivers system. 16 U.S.C. § 1276(105) (1994). Downstream of the Grande Ronde Wild and Scenic River Segment is a 36.2!mile section of the Grande Ronde River from the Oregon/Washington border to its junction with the Snake River at Heller Bar, Washington (hereinafter, the Grande Ronde River Washington Segment). This section of the river bears no Wild and Scenic Rivers Act designation, but it is included in the Washington State (Asotin County) Shoreline Program and, according to the FMP, is under study for wild and scenic river designation. _____________________________________ 2/ Under section 10 of the Wild and Scenic Rivers Act (WSRA), 16 U.S.C. § 1281(a) (1994), Congress instructed that each component of the wild and scenic rivers system be administered "in such manner as to protect and enhance the values which caused it to be included in said system without, insofar as is consistent therewith, limiting other uses that do not substantially interfere with public use and enjoyment of these values." These "values" consist of "outstandingly remarkable scenic, recreational, * * * or other similar values." 16 U.S.C. § 1271 (1994). In accordance with section 2(b) of the WSRA, as amended, 16 U.S.C. § 1273(b) (1994), Congress divided the designated section of the Grand Ronde River into the following classes: Recreational—1.5 miles from its confluence with the Wallowa River to the boundary of the Umatilla National Forest, to be administered by the Secretary of Agriculture; Wild—17.4 miles from the boundary of the Umatilla National Forest to the boundary of the Wallowa!Whitman National Forest, to be administered by the Secretary of Agriculture, and 9 miles from the boundary of the Wallowa!Whitman National Forest to Wildcat Creek, to be administered by the Secretary of the Interior; and Recreational—15.9 miles from Wildcat Creek to the Oregon/Washington border, to be administered by the Secretary of the Interior. The case also involves a very short section of the Wenaha River (0.15 miles), adjoining the Grand Ronde River, that was similarly designated by Congress as a wild and scenic river. See 102 Stat. 2789 (1988). It was classified as a recreational river and is subject to the administration of the Forest Service. 140 IBLA 379 IBLA 94-443 In designating part of the Grande Ronde River as a wild and scenic river, Congress directed the Secretaries of Interior and Agriculture to prepare a comprehensive plan for managing that section of the river, in order "to provide for the protection of the river values." The plan was required to address "resource protection, development of lands and facilities, user capacities, and other management practices necessary or desirable to achieve the purposes of this Act." 16 U.S.C. § 1274(d)(1) (1994). The plan was to be prepared, after consultation with state and local governments and the interested public, within 3 fiscal years after the date of designation. Id. Due to this dictate and other management directives, there was agreement among BLM, the Forest Service, the Oregon State Parks and Recreation Department, and the Washington Shoreline Administrator that one management plan for the 90-mile river corridor would be prepared with BLM as the lead agency. (FMP at 2.) 3/ In May 1992, after considerable study and extensive public input, BLM released a "Draft Management Plan/Environmental Assessment" for the rivers. Following distribution of that draft plan and consideration of comments submitted, BLM issued the FMP in December 1993. Incorporated in the FMP on pages 106-112 was the Acting Area Manager's DN/FONSI. 4/ The DN/FONSI established a 45-day period to run from February 1, 1994, through March 17, 1994, during which time protests of the DN/FONSI could be filed with the Vale District Manager, BLM. On January 28, 1994, BLM published a Notice of Availability of the DN/FONSI in the Federal Register which included information about the 45-day protest period. See 54 Fed. Reg. 4095 (Jan. 28, 1994). The NORS filed a timely protest which was rejected by the Vale District Manager in his April 12, 1994, Decision in which he concluded that BLM had adequately addressed each of the matters raised by NORS in the FMP/EA. The NORS appealed. In an Order dated June 1, 1997, this Board directed that BLM file a brief responding to certain questions relative to this case. Prior to _____________________________________ 3/ The "corridor," which averages 1/2 mile in width, encompasses Federal, state, and private land on either side of the rivers. (FMP at 2.) Private boaters generally "put!in" at the confluence of the Minam and Wallowa Rivers and "take!out" at or near the town of Troy in Oregon or at or near the confluence of the Grand Ronde and Snake Rivers in Washington.
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